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Law of Crimes (Indian Penal Code)

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Law of Crimes (Indian Penal Code) Class –LL.B (HONS.) II SEM. Subject – IPC LAW OF CRIMES (INDIAN PENAL CODE) LLLL UNIT-III Group liability 1. Common Intention 2. Abetment UNIT-I General 3. Instigation, aiding and conspiracy 1. Concept of crime UNIT-II Element of Criminal 4. Mere act of abetment punishable 2. Distinction between crime Liability 5. Unlawful assembly and other wrongs 1. Person definition - natural 6. Basis of liability 3. McCauley’s draft based and legal person 7. Criminal conspiracy essentially on British notions 2. Mens rea- evil intention 8. Rioting as a specific offence 4. Salient features of the 3. Recent trends to fix liability General Exceptions : I.P.C. without mens rea in certain 9. Mental incapacity 5. IPC: a reflection of socio- economic offences 10. Minority different 4. Act in furtherance of guilty 11. Insanity social and moral values intent- common object 12. Medical and legal insanity 6. Applicability of I.P.C.- 5. Factors negativing guilty 13. Intoxication intention territorial and personal 14. Private defence-justification and limits 6. Definition of specific terms 15. When private defence extends to causing of death to protect body and property 16. Necessity 17. Mistake of fact 18. Offence relating to state 19. Against Tranquility 20. Contempt of Lawful Authority UNIT-IV Offences against human body 1. Culpable homicide 2. Murder 3. Culpable homicide amounting to murder 4. Grave and sudden provocation Unit-V Types of Punishment 5. Exceeding right to private defence 1. Death PAPER-III LAW OF CRIMES6. Hurt - grievous-I (PENAL and simple CODE) 2. Social relevance of capital punishment UNIT-I General 7. Assault and criminal force 3. Imprisonment- for life, with hard labour, 8. Wrongful restraint and wrongful confinement- simple imprisonment 1. Concept of crime kidnapping- from lawful 4. Forfeiture of property guardianship, outside India 5. Fine 9. Abduction 6. Discretion of court in awarding punishment Offences Relating to Marriage 1. Theft 2. Robbery, Dacoity 3. Cheating 4. Extortion 5. 7. Minimum punishment in respect of certain Mischief 6. Criminal misrepresentation and criminal offences breach of trust 7. Offences relating to Documents and properties. 1 Class –LL.B (HONS.) II SEM. Subject – IPC LAW OF CRIMES (INDIAN PENAL CODE) UNIT-I GENERAL 1. CONCEPT OF CRIME CRIME denotes an unlawful act punishable by a state. The term "crime" does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual or individuals but also to a community, society or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by criminal law of each country. While many have a catalogue of crimes called the criminal code, in some common law countries no such comprehensive statute exists. The state (government) has the power to severely restrict one's liberty for committing a crime. In modern societies, there are procedures to which investigations and trials must adhere. If found guilty, an offender may be sentenced to a form of reparation such as a community sentence, or, depending on the nature of their offence, to undergo imprisonment, life imprisonment or, in some jurisdictions, execution. Usually, to be classified as a crime, the "act of doing something criminal" (actus reus) must – with certain exceptions – be accompanied by the "intention to do something criminal" (mens rea). While every crime violates the law, not every violation of the law counts as a crime. Breaches of private law (torts and breaches of contract) are not automatically punished by the state, but can be enforced through civil procedure. 2. DISTINCTION BETWEEN CRIME AND OTHER WRONGS Differences between Tort and a Crime TORT CRIME Tort is tried in Civil Courts Crimes are tried in Criminal Courts A person who commits Crime is a 'Criminal' or A person who commits Tort is a 'tortfeasor' 'Offender' The remedy of tort is unliquidated damages or other equitable relief to The remedy is to punish the offender the injured Criminal cases are not compoundable except in case Tort litigation is compoundable of exceptions as per Section 320 Cr.PC of IPC 2 Class –LL.B (HONS.) II SEM. Subject – IPC 3. MCCAULEY’S DRAFT BASED ESSENTIALLY ON BRITISH NOTIONS Indian Penal Code (IPC) is the main criminal code of India. It is a comprehensive code intended to cover all substantive aspects ofcriminal law. The code was drafted in 1860 on the recommendations of first law commission of India established in 1834 under the Charter Act of 1833 under the Chairmanship of Thomas Babington Macaulay. It came into force in British India during the earlyBritish Raj period in 1862. However, it did not apply automatically in the Princely states, which had their own courts and legal systems until the 1940s. The Code has since been amended several times and is now supplemented by other criminal provisions. Based on IPC, Jammu and Kashmir has enacted a separate code known as Ranbir Penal Code (RPC). After the departure of the British, the Indian Penal Code was inherited by Pakistan as well, much of which was formerly part of British India, and there it is now called the Pakistan Penal Code. Even after the independence of Bangladesh (Formerly known as East Pakistan) from Pakistan (Formerly known as West Pakistan), it continued in force there. It, the Indian Penal Code, was also adopted by the British colonial authorities in Burma, Ceylon (now Sri Lanka), the Straits Settlements (now part of Malaysia), Singapore and Brunei, and remains the basis of the criminal codes in those countries.The Ranbir Penal Code applicable in that state of Jammu and Kashmir of India, is also based on this Code. The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay in 1834 and was submitted to Governor-General of India Council in 1837. Its basis is the law of England freed from superfluities, technicalities and local peculiarities. Elements were also derived from the Napoleonic Code and fromEdward Livingston's Louisiana Civil Code of 1825. The first final draft of the Indian Penal Code was submitted to the Governor-General of India in Council in 1837, but the draft was again revised. The drafting was completed in 1850 and the Code was presented to the Legislative Council in 1856, but it did not take its place on the statute book of British India until a generation later, following the Indian Rebellion of 1857. The draft then underwent a very careful revision at the hands of Barnes Peacock, who later became the first Chief Justice of the Calcutta High Court, and the future puisne judges of the Calcutta High Court, who were members of the Legislative Council, and was passed into law on 6 October 1860. The Code came into operation on 1 January 1862. Unfortunately, Macaulay did not survive to see his masterpiece come into force, having died near the end of 1859 4. SALIENT FEATURES OF THE I.P.C. Objective of the Indian Penal Code The objective of this Act is to provide a general Penal Code for India. Though this Code consolidates the whole of the law on the subject and is exhaustive on the matters in respect of which it declares the law, many more penal statutes governing various offences have been created in addition to this code. The Indian security system has been one that has gone through a lot of tests and examinations throughout the time. This is due to the political as well as the social situation of the country. India is a land of diverse cultures and traditions and it is a place where people from various religions as well as ethnic backgrounds live together. Indian Penal Code Format The Indian Penal code has a basic format, it’s a document that lists all the cases and punishments that a person committing any crimes is liable to be charged. It covers any person of Indian origin. The exceptions are the military and other armed forces, they cannot be charged based on the Indian Penal Code. They have a different set of laws under the Indian Penal Code as well. The Indian Penal Code has its roots I the times of the British rule in India, formulating in year 1860.Amendments have been made to it in order to incorporate a lot of changes and jurisdiction clauses. One such amendment is the inclusions of section 498-A.The total number of sections contained in the Indian Penal Code are five hundred eleven. All these sections pertain to a 3 Class –LL.B (HONS.) II SEM. Subject – IPC particular category of crimes committed by civilians of Indian origin. There are sections related to Dowry Laws and jurisdictions in India, as well as there are several sections that concern various types of criminal laws. The Indian Penal Code is thus the most fundamental document of all the law enforcer as well as the entire judiciary in India. The Indian judicial system is one that has evolved into a stable and fair system of detention and penalizing, after being tested well for several years. The judiciary of the country is a body of people who are given the task of execution of the laws made by the government, that is, the judiciaries of a country are its law enforcers.
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